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Justinian I · The Digest of Justinian §48.2.15.pr

Civil Action Versus Criminal Prosecution for Mob Damage

Passage 8142 of 9271 · Latin

Summary

Ulpianus states that in cases where damage is caused by a group, the plaintiff should not be compelled to initiate a criminal prosecution instead of their civil action.

[ULPIANUS libro quinquagensimo sexto ad edictum. ] §48.2.15.prIn eum, cuius dolo malo hominibus coactis damni quid datum esse dicatur, non debet cogi actor omissa actione ciuili crimen intendere.
[ULPIANUS, On the Edict, Book 56] Against one by whose malicious intent, through an assembly of persons, it is said that some damage was caused, the plaintiff ought not to be compelled to bring a criminal prosecution, omitting his civil action.

Notes

  1. §48.2.15.prdamni quid — The neuter singular nominative "quid" acts as the subject, modified by "damni" in the partitive genitive, meaning "some damage" or "any damage."
  2. §48.2.15.promissa actione ciuili — An ablative absolute construction consisting of the perfect passive participle of "omittere" (to omit/abandon) and "actio civilis" (civil action), indicating that the plaintiff need not forego civil remedies in order to pursue a criminal charge.

Cite this passage

Justinian I, The Digest of Justinian §48.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.15.pr

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